China's "Advertising Law" defines commercial advertising as an invitation to offer in principle, and the inviter of an offer (i.e. the advertiser) is not bound by the advertising commitment unless a contract is concluded through individual negotiation. However, this does not mean that advertisers do not have to bear any legal responsibilities, and in theory, it may still constitute "contracting fault liability". That is to say, if the counterpart believes the content of the advertisement, and makes positive preparations for signing the contract according to the content, and finally finds that the advertiser can't fulfill his promise, then the advertiser mainly bears the responsibility for contracting fault.

Article 3 of the Interpretation of Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts promulgated by the Supreme People's Court in 2003 makes a more specific provision: "The sales advertisements and publicity materials of commercial housing are invitations to offer, but the explanations and commitments made by the seller on the housing and related facilities within the scope of commercial housing development planning are specific, which have a significant impact on the conclusion of commercial housing sales contracts and the determination of housing prices, and should be regarded as an offer." Taking the advertising promise as an offer actually gives the advertising promise a strong legal effect. As long as someone expresses his willingness to accept the advertising promise, the contract will be established, and the advertiser must fulfill the contract according to the advertising promise.